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8 Geo. J. Gender & L. 883 (2007)
Divorce Reform: Rights Protections in the New Swaziland

handle is hein.journals/grggenl8 and id is 889 raw text is: DIVORCE REFORM: RIGHTS PROTECTIONS IN THE NEW SWAZILAND TAMAR EZER, AISHA GLASFORD, ELIZABETH HOLLANDER, LAKEISHA POOLE, GRANT RABENN, AND ALEXANDRIA TINDALL EDITOR: TAMAR EZER* I. INTRODUCTION ......................................... 886 II. RIGHT TO DIVORCE ....................................... 889 A. RESTRICTIONS ON THE AVAILABILITY OF DIVORCE UNDER THE CURRENT SYSTEM VIOLATE A WOMAN'S RIGHT TO A MARRIAGE OF HER CHOICE AND FREEDOM OF ASSOCIATION... 889 1. A Woman Has a Right to the Marriage of Her Choice, as Guaranteed by Her Right to Consent and Right to Marry ......................................... 891 2. A Woman's Right to Freedom of Association is Violated When She is Forced to Stay in a Loveless and Unwanted Marriage ....................................... 892 B. REQUIRING WOMEN TO REMAIN IN ABUSIVE, ADULTEROUS, OR POLYGAMOUS MARRIAGES VIOLATES THEIR PHYSICAL INTEGRITY, INCLUDING THEIR RIGHTS TO LIFE, HEALTH, AND FREEDOM FROM TORTURE .............................. 893 1. Forcing Women to Remain in Violent and Abusive Marriages Undermines Their Physical Integrity ....... 894 2. Trapping Women in Economically Abusive or Neglectful Marriages Violates Their Physical Integrity and That of Their Children ......................... 896 3. Tying Women to Adulterous or Polygamous Marriages in Which They May be Neglected or Exposed to HIV Violates Their Right to Physical Integrity ............ 897 C. ENABLING DIVORCE WOULD RESPECT A WOMAN'S RIGHT TO * This article is a result of collaboration between Georgetown's International Women's Human Rights Clinic, directed by Professor Susan Deller Ross; Swaziland Action Group Against Abuse (SWAGAA), directed by Nonhlanhla Dlamini; and Women and the Law in Southern Africa-Swaziland (WLSA), directed by Lomcebo Dlamini. The initial report and proposed statutes were drafted by Spring 2006 Clinic students: Aisha Glasford, Elizabeth Hollander, Lakeisah Poole, Grant Rabenn, and Alexandria Tindall under the supervision of Clinic attorney-fellow Tamar Ezer and Swazi attorney Lindiwe Ngcamphalala. The Spring 2006 fact-finding team also included the following participants: Shawneequa Callier, Ginger Faulk, Makiko Harunari, D6d6 Koffie-Lart, Paula Skedsvold, Gwynne Skinner, Melanie Stofko, and Aaron Zisser from the United States; and Bheki Dlamini, Thabisile Langa, Xolile Mazibuko, Philile Mlotshwa, Arcon Mndzebele, Busisiwe Ntsele, Veli Ngwenya, and Bonginkhosi Sengwayo from Swaziland. This article is a revised and edited version of the initial report, prepared by Tamar Ezer.

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